Estate of Hartley

Respondents filed a contest to the will of Jennie E. Hartley. The contest was based upon three grounds: 1. Incompetency of Jennie E. Hartley; 2. Lack of due execution; and 3. Undue influence of Carl E'. Wagner. The trial was had before a jury. After respondents had rested their case appellant moved for a nonsuit on all of said grounds and same was denied. Thereupon the trial continued and the jury returned a verdict that the testatrix was of unsound mind at the time she executed the will; that the said will was not executed in the manner and form required by law and that it was procured under the undue influence of Carl E. Wagner. Upon this verdict judgment was rendered in favor of respondents and thereupon appellant moved for a new trial, and same being denied it prosecutes this appeal.

Appellant contends that the evidence is not sufficient to support the verdict. The evidence produced by respondents was substantially as follows: They were the next of kin and heirs at law of decedent; they were her first cousins; two of them, Dollie and Birdie Bacon, had lived with her since 1907; that the alleged will was executed on July 3, 1928; that the testatrix at that date was eighty…